Part 02

Saturday, January 26, 2013

Special types of Bills.

Friday, January 11, 2013



Private Bills

These are Bills of private or local interest, intended to affect specific individuals or bodies. The statutes setting up Banks and various Boards fall into the category of Private bills, for example the People’s Bank Act. The Member of Parliament proposing such a Bill has to first obtain leave from Parliament before he or she can introduce the Bill in Parliament. Unless it concerns a matter of principal or policy, a Private Bill is not usually opposed at the second reading, unlike a public Bill.

In the case of a Private Bill the proceeding at the Committee stage are quasi-judicial. The facts set out in the Bill must be proved, by evidence led before the Committee if necessary. If these facts are not proved the Committee will report so to Parliament. If they are proved, the Committee will consider the different clauses of the Bill and can make changes and then “report” the Bill back to Parliament, as in the case of a Public Bill. Where any individual’s rights or interests may be affected by a Bill he or she is entitled to appear before the Committee either in person or represented by a lawyer and be heard.

Recently there has been a marked increase in Private Bills involving the incorporation of associations and societies which from the majority of Private Bills in this country, in contrast to other Commonwealth countries.


Private Members’ Bills

These are bills which are introduced by private Members of Parliament as opposed to Bills introduced through government departments and generally presented to Parliament by the Minister or Deputy Minister concerned by Private members could be either public or private in nature. At the sitting of Parliament on the first Friday of every month priority is usually given to Private Members’ Bills.

A private Member must obtain leave from Parliament before he or she can introduce a Bill. If leaves is granted the Bill is ordered to be printed. The Bill is considered read for the first time when leave is granted. It is not discussed at this point but is referred to the Minister or Deputy Minister in charge of the subject, who is to report to Parliament, and the Bill is taken up for its Second Reading.

Private Members’ Bills generally deal with particular, not very large issues, which the Member presenting the Bill has a special interest in. For instance recently there have been Private Members’ Bill for the prohibition of the slaughter of cattle and for mandatory testing or persons for HIV/AIDS. They stand less chance of success than others, since they are not backed by the strength of a government department, and may not be as professionally drafted.

Special types of Bills.



Private Bills

These are Bills of private or local interest, intended to affect specific individuals or bodies. The statutes setting up Banks and various Boards fall into the category of Private bills, for example the People’s Bank Act. The Member of Parliament proposing such a Bill has to first obtain leave from Parliament before he or she can introduce the Bill in Parliament. Unless it concerns a matter of principal or policy, a Private Bill is not usually opposed at the second reading, unlike a public Bill.

In the case of a Private Bill the proceeding at the Committee stage are quasi-judicial. The facts set out in the Bill must be proved, by evidence led before the Committee if necessary. If these facts are not proved the Committee will report so to Parliament. If they are proved, the Committee will consider the different clauses of the Bill and can make changes and then “report” the Bill back to Parliament, as in the case of a Public Bill. Where any individual’s rights or interests may be affected by a Bill he or she is entitled to appear before the Committee either in person or represented by a lawyer and be heard.

Recently there has been a marked increase in Private Bills involving the incorporation of associations and societies which from the majority of Private Bills in this country, in contrast to other Commonwealth countries.


Private Members’ Bills

These are bills which are introduced by private Members of Parliament as opposed to Bills introduced through government departments and generally presented to Parliament by the Minister or Deputy Minister concerned by Private members could be either public or private in nature. At the sitting of Parliament on the first Friday of every month priority is usually given to Private Members’ Bills.

A private Member must obtain leave from Parliament before he or she can introduce a Bill. If leaves is granted the Bill is ordered to be printed. The Bill is considered read for the first time when leave is granted. It is not discussed at this point but is referred to the Minister or Deputy Minister in charge of the subject, who is to report to Parliament, and the Bill is taken up for its Second Reading.

Private Members’ Bills generally deal with particular, not very large issues, which the Member presenting the Bill has a special interest in. For instance recently there have been Private Members’ Bill for the prohibition of the slaughter of cattle and for mandatory testing or persons for HIV/AIDS. They stand less chance of success than others, since they are not backed by the strength of a government department, and may not be as professionally drafted.

HOW A LAW IS PASSED

Tuesday, January 8, 2013



1.       Publication in Gazette

A Bill must be published in the Gazette at least seven days before it is placed on the Order Paper of Parliament. This is for the purpose of publicizing it. Considering that law affects everybody the public should be aware of the laws which the government is expecting to pass, so that they can put forward their views and suggest changes to any undesirable aspects of the proposed law. If anyone wishes to challenge the Bill as being inconsistent with the Constitution, he or she must go before the Supreme Court within one week of the Bill being placed on the Order Paper, to have the matter determined. It is felt that a period of one week gives insufficient opportunity to interested persons to challenge proposed legislation.

2.      First Reading

The Bill is first presented to Parliament after due notice usually by a Minister or Deputy Minister by its long title being read by the Secretary-General. The Bill is than considered as read for the first time and to have been ordered to be printed. At this point there is no debate about the Bill.

3. Second Reading

A bill which has been read for the first time, shall stand for Second Reading. There will be at this stage a discussion of the general principles of the Bill. The Second Reading occurs after a week has passed from the date of the First Reading.

4. Committee Stage 

When a Bill is read for a second time, it must be referred to a Committee of whole Parliament whilst some Bills, if Parliament so decides, will be referred either to a Select Committee or to a Standing Committee. According to Standing Orders no further action could be taken regarding such a Bill until the Committee has reported on it. The Committee stage is the process of law-making. At this stage the principles behind the Bill cannot be discussed; the Committee has to restrict itself to examining the different clauses of the Bill. The Committee may make amendments, or delete or add new clauses to Bill. The Committee may admit members of the public to present their views and also obtain the assistance of experts in matters which are complex or technical. This is an important safeguard in a democratic system of government as it gives the public an opportunity to participate in the making of legislation. Outsiders cannot however be present when the Committee is deliberating.

5. Report Stage 

According to Standing Orders, when a Committee of the whole Parliament has completed the consideration of a Bill, the Chairman shall report the Bill with or without amendment to Parliament. A standing Committee or a Select Committee to which a Bill has been referred shall present a report to Parliament with any further amend them. At this stage Parliament can only look at changes (amendments, deletions, additions), if any, made by the Committee, it cannot reconsider any other aspects of the Bill. Parliament can also refer back to the Committee for reconsideration particular changes made by the Committee.

6. Third Reading

This is the final stage of the Bill. A bill having passed through Committee Stage and Report Stage is read a third time and passed. If any Member of Parliament wishes to make any verbal or drafting amendments to the Bill he or she may move to do so after giving notice.

7. Certificate of Speaker 

When a Bill has been passed by Parliament, the Speakers has to endorse on the Bill a certificate stating that it has been duly grammatical or typographical errors in the Bill. The Bill becomes law when the certificate of the Speakers is endorsed on it. Certain Bills can only becomes law after approval of the public at a Referendum. In the case of such a Bill the certificate of the Speakers must state that the Bill shall not becomes law until such a Bill the certificate of the order to become law finally requires a certificate endorsed by the President stating that it has been approved by the people at the Referendum.

LEGISLATION

Monday, January 7, 2013


Legislation refers to the laws passed by Parliament. Each year Parliament passes a large number of laws of varying importance. 77 statutes were enacted in 2009; 50 in 2007; and 39 in 2005. Some of the Acts passed by Parliament do not deal with entirely new subjects but amend previous legislation.

Before a stature is passed and becomes law it is called a Bill. There are two main types of Bills, Public and private. Bills are limited in application and are for the benefit of particular individuals or bodies such as local authorities.

There are also Private Members’ Bills. There are Bills introduced by a Member of Parliament privately, as opposed to being introduced by the government. These could be either public or private depending on their subject matter. Unless the government adopts a Private Member’s Bill it is unlikely to get through the various stages necessary to be passed into law.

 After looking at the way in which Parliament passes an ordinary Bill, we will consider these special types of Bills. Bolls which seek to amend or repeal the Constitution, or which are inconsistent with the Constitution, are also a special category.
The Constitution and the Standing Orders of Parliament lay down the procedure to be complied with in the passing of a Bill into law.